Won't get in Gear

My smart has started doing this thing where it won't go in gear, usually when I first start it, and go to put it in gear, the only things that show up in the display are park and neutral, when I put it in reverse or drive it stays blank has anyone had this happen to them??

Kathleen checking in here - Forest gave good advice. Mine is to copy some of these emails, follow the link above, and check out Yelp.... I hear there are some good stories there, too. For the record, I did not have to yell or swear or create a scene to get the work done after warranty. The SF BMW tech did a great job on my behalf. I was just lucky, I think. Hope he never leaves the dealership!

Considering that WE are the Smart advertising campaign, you'd think they'd be more careful. Teresa, make sure you mention that your word-of-mouth advertising has turned negative.

Thanks Forest & Kathleen for your support and practical ideas.
I'll do this:
1) Give the dealer one more opportunity, telling him my next step.
2) Check out the link and Yelp ideas you gave me, Kathleen
3) Call the 1 800 number.

FYI, The problem showed up before 2 years and before the number of miles but I didn't mention it to the dealer until the miles were exceeded. At the time, I didn't realize it would be a reoccuring problem.

And, seriously, we ARE their advertising campaign. Don't they realize that people stop me to talk about my SMART EVERY day? And, it's been more than two years. I can't get gas without at least one conversation.

Kathleen checking in here - Forest gave good advice. Mine is to copy some of these emails, follow the link above, and check out Yelp.... I hear there are some good stories there, too. For the record, I did not have to yell or swear or create a scene to get the work done after warranty. The SF BMW tech did a great job on my behalf. I was just lucky, I think. Hope he never leaves the dealership!

Considering that WE are the Smart advertising campaign, you'd think they'd be more careful. Teresa, make sure you mention that your word-of-mouth advertising has turned negative.

Hi,
We just bought "Button" the beginning of August '10. It's a 2008 Passion Cabrio and just hit 10K. We noticed this problem and mentioned it when we took it in for inspection and it's 10K checkup. They couldn't replicate the problem so we didn't think anything of it. Then it happened a couple of times again. Just the other day we got left behind when a group of friends took off and we were stuck trying to get it into reverse. After turning it off and on again we finally got R to engage.

Looking around for Smartie groups we came upon this site and we found this post. Thank goodness. Here in Tampa our Smarts are serviced at the Mercedes dealer. We're going in first thing tomorrow morning. Hopefully we will have a successful resolution, fingers crossed.

So, are they saying that they will not replace the clutch?
I guess they don't call intermittent failure "failure".

I've been in dangerous situations because the clutch decided not to go into reverse. I've been stuck sideways in oncoming traffic. I'm sure the cars approaching me thought I would finish turning around before they got there since there was plenty of time. Ummmm... plenty of time with a clutch that works!

So, what is "working"? Does working mean it works EVERY TIME YOU ASK? Or does it mean it will do it sometimes?

Seriously, I'm getting madder and madder.

They don't want to replace their bad clutches. Imagine how much it's going to cost them when my son sues them over my death.

Larry Butler said:

Reply by Forest on October 6, 2010 at 8:11amWhy not just go over your dealers head, call the 800 number, Ask them why the known defect will not be covered just because it didn't show itself to you before the waranty period was up.

Excellent advise. I filled out the support webpage email and got a reply asking for my information as my dealer's computer ISN'T connected to SmartUSA's and I never got entered.

Yesterday afternoon, Friday, SmartUSA called to say they would only replace my 2008 clutch if/when it failed, regardless of mileage, but instructed me to go to my dealer and SmartUSA will replace the crazing sunroof with a NEW TYPE that is its new replacement!

I must admit I was shocked! She told me to have the dealer order the new part number and it will be installed at Smart's expense as soon as it is delivered.....making me a much happier camper....

Thanks, Forest, for the advise. Everyone with a crazed roof and bad clutch/shifter problem needs to call 'em....no matter what you get from your dealer....It takes a few days for your call to be processed through the departments at Penske. Took me about a week to get an answer.

Wow!
You really know what you're talking about!
I copy-pasted everything in case Smart decides they don't want to support this kind of conversation.

So, here's my rant, entitled STUPID LITTLE SMART CAR
K, my Smart car is NOT SMART. It is stupid. Evidence:
Today, I was leaving the grocery store and I asked it to go in reverse.
It said "neutral"?
And I said, "No, reverse."
It said, "neutral"?
I said, "Umm.. can you do Park?"
It said, "Sure"
I said, "So, do reverse!"
It said, "neutral"?
I said, "drive?"
It said,"neutral?"
I said, "Park?"
It said, "Park!"
I said, "Ok., do reverse!"
It said, "reverse!"

It's REALLY REALLY stupid.

And the glory of this is that if I take it to the dealer, they'll tell me they "can't reproduce it."

even though it happens to me EVERY time I start the damn car.

Oh, it gets better. I have cancer.

So, gee, do you guys REALLY want to charge a TEACHER and MOTHER who now works part-time due to CANCER to fix something that was wrong with the car when you sold it to me? That should make really great SMART car news.

I HATE my STUPID LITTLE SMART CAR and I tell people EVERY day.

Larry Butler said:

Teresa Gaspar said:They don't want to replace their bad clutches. Imagine how much it's going to cost them when my son sues them over my death.

Step one, do what Forest said and give them a week to talk it over with their attornies at Smart USA so the attornies can inform the company of their responsibilities to you. I'm not an attorney, but do have considerable experience because of a defective Yamaha Waverunner GP1200 I returned, under duress, in 1997. The ski was defective, bad....

Every time you buy something, there's a disclaimer that the company isn't responsible for "implied warranties" by just telling you it's not. That's nonsense! We'll get to the manual in a minute.... Read section 2304(a)(4):http://www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00002304...The courts have determined that 3 attempts to fix it or 30 days is "reasonable" for you to expect a repair under this Federal Law. I waited all summer with the defective Yamaha. They had plenty of time, but the footdragging went on and on.

Click and read about "Understanding Warranties". Pay particular attention to what it says on implied warranties and what they mean to us...and note the paragraph that says:"Federal law prohibits you from disclaiming implied warranties on any consumer product if you offer a written warranty for that product (see What the Magnuson-Moss Act Requires) or sell a service contract on it (see Offering Service Contracts)."Most interesting, isn't it? All those implied warranty disclaimers are MEANINGLESS in the USA!

Now, here we all sit staring at our little 2 year, 24K written warranty THINKING that's cast in concrete. Well, it's NOT! In this part on implied warranties, pay attention to this paragraph:"Generally, there is no specified duration for implied warranties under state laws. However, the state statutes of limitations for breach of either an express or an implied warranty are generally four years from date of purchase. This means that buyers have four years in which to discover and seek a remedy for problems that were present in the product at the time it was sold. It does not mean that the product must last for four years. It means only that the product must be of normal durability, considering its nature and price."

WHOA THERE! My dealer told me the day my 2/24 warranty ran out any defects in the roof/transmission/shifter, to name a few, were MY problem and I'd have to pay through the nose for them to fix obvious repetitive defects in its manufacture, we all comparing notes, didn't notice until the warranty had expired, seemingly freeing "them", dealer/distributor/Smart of any responsibility to pay for these repairs. Now we read, directly from the FTC manual to businesses that THIS IS SIMPLY NOT TRUE?!

It seems we have about FOUR YEARS, regardless of mileage, to discover crazing sunroof panels, defective clutches, bad shifters IF we can show this is not a wear and tear or abuse problem! My, my, aren't WE being informed differently from what our stealer's mouthpiece said in the service writer's office? THEY, the manufacturer AND HIS SELLERS, are, in fact, responsible to fix DEFECTS in material (read that Makrolon) and workmanship (faulty program codes tearing up clutches or faulty clutches, themselves) and poorly made shift levers we, as a group, have discovered AS TIME GOES BY.... The two year time limit is NOT, as we're all told, cast in concrete, eliminating company AND SELLER responsibility to fix it. It says it right there in their own manual from the Feds!

Well, we're now armed with the same information I used to return the crappy Yamaha Waverunner that was almost as expensive as a Smart car. Should we all fanboi up and wave the company flags and bend over at the stealers....or should we assist them in doing what's right, UNDER THE LAW, by cooperating with them to comply with the law over these defect problems, which should result in a "voluntary recall" to save the company from all the nasty class action suits if they refuse to obey our laws? I'm doing my part for plan B. I'll be at my dealer's service department to make the arrangements for the replacement roof in the morning. See you there, Teresa, for coffee and donuts!....(c;] BE NICE!...but insistent.

This law is PRECISELY why WalMart is so friendly and easy to return the defective toaster for a full refund or a new toaster. WalMart is NOT your "friend" any more than Smart or Bank of America. WalMart is FOLLOWING THE LAW TO THE LETTER to avoid being sued, yet again.

I've just put my Nomex suit on so the fanbois can blast away at me that this is bunk and Smart and its sellers are immune from these laws....which simply ISN'T true, either....(c;]Is my fire extinguisher charged?....hmm....

PS - While reading the law, read this section a few times to let it sink in, too:Section 2302 (c):"No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer’s using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name;"If any of them tell you you MUST use Mobil 1 or void your warranty, by name, his must give it to you FREE for the LIFE of the vehicle! That's also the law....no name branding for warranty coverage. "That Fram oil filter voids your warranty." No it doesn't....(c;]

Well we went in and apparently they need to hook our car up to a smart network system which will download and install an update specifically for the clutch issue. Unfortunately, this involves the people at smart which were not available on the weekend. So we went back in this morning only to find the one guy they have who can do this, called in sick. Sigh...

The representative there was very kind and genuinely very sorry. He said he would have called us first to let us know, but wasn't aware the guy wasn't coming until we had arrived. He is going to call us when he personally has his hands on the tech to make sure he is there and ready to assist us. Hopefully he is better and returns tomorrow.

I suppose we could be upset, but stuff happens and didn't see what getting upset (yet) would accomplish at this point. How they finally handle it will lead to the overall experience, so we'll see...

Unfortunatly people do get sick, and most dealerships are running on a bare bones staff these days. You did the right thing by NOT yelling and screaming as it wasn't their fault. I'd guess they may be a little more responsive if you work with them than if you make a lot of noise and start looking for lawyers..Just my opinion.
The clutch issue has been around for quite a while and the software patch is supposed to work. I had other problems that caused my trans and clutch, and clutch actuator to be replaced. Still, it was better to work with them than to yell at them.

Chris said:

Well we went in and apparently they need to hook our car up to a smart network system which will download and install an update specifically for the clutch issue. Unfortunately, this involves the people at smart which were not available on the weekend. So we went back in this morning only to find the one guy they have who can do this, called in sick. Sigh...

The representative there was very kind and genuinely very sorry. He said he would have called us first to let us know, but wasn't aware the guy wasn't coming until we had arrived. He is going to call us when he personally has his hands on the tech to make sure he is there and ready to assist us. Hopefully he is better and returns tomorrow.

I suppose we could be upset, but stuff happens and didn't see what getting upset (yet) would accomplish at this point. How they finally handle it will lead to the overall experience, so we'll see...

Agree. Besides, I personally don't expect the Mercedes dealer to keep several smart technicians on hand as I can't imagine they get enough smart cars to justify having much more than 1 tech. Although 2 would be nice. :)

Jim VW said:

Unfortunatly people do get sick, and most dealerships are running on a bare bones staff these days. You did the right thing by NOT yelling and screaming as it wasn't their fault. I'd guess they may be a little more responsive if you work with them than if you make a lot of noise and start looking for lawyers..Just my opinion. The clutch issue has been around for quite a while and the software patch is supposed to work. I had other problems that caused my trans and clutch, and clutch actuator to be replaced. Still, it was better to work with them than to yell at them.

Chris said:

Well we went in and apparently they need to hook our car up to a smart network system which will download and install an update specifically for the clutch issue. Unfortunately, this involves the people at smart which were not available on the weekend. So we went back in this morning only to find the one guy they have who can do this, called in sick. Sigh...

The representative there was very kind and genuinely very sorry. He said he would have called us first to let us know, but wasn't aware the guy wasn't coming until we had arrived. He is going to call us when he personally has his hands on the tech to make sure he is there and ready to assist us. Hopefully he is better and returns tomorrow.

I suppose we could be upset, but stuff happens and didn't see what getting upset (yet) would accomplish at this point. How they finally handle it will lead to the overall experience, so we'll see...

OK 2 technicians would now definitely be nice. The one guy has been out all week. We're supposed to try again Monday.

Chris said:

Agree. Besides, I personally don't expect the Mercedes dealer to keep several smart technicians on hand as I can't imagine they get enough smart cars to justify having much more than 1 tech. Although 2 would be nice. :)

Jim VW said:

Unfortunatly people do get sick, and most dealerships are running on a bare bones staff these days. You did the right thing by NOT yelling and screaming as it wasn't their fault. I'd guess they may be a little more responsive if you work with them than if you make a lot of noise and start looking for lawyers..Just my opinion. The clutch issue has been around for quite a while and the software patch is supposed to work. I had other problems that caused my trans and clutch, and clutch actuator to be replaced. Still, it was better to work with them than to yell at them.

Chris said:

Well we went in and apparently they need to hook our car up to a smart network system which will download and install an update specifically for the clutch issue. Unfortunately, this involves the people at smart which were not available on the weekend. So we went back in this morning only to find the one guy they have who can do this, called in sick. Sigh...

The representative there was very kind and genuinely very sorry. He said he would have called us first to let us know, but wasn't aware the guy wasn't coming until we had arrived. He is going to call us when he personally has his hands on the tech to make sure he is there and ready to assist us. Hopefully he is better and returns tomorrow.

I suppose we could be upset, but stuff happens and didn't see what getting upset (yet) would accomplish at this point. How they finally handle it will lead to the overall experience, so we'll see...

Well it's Monday and the guy was there. They took it in and about an hour later it was done and detailed. No charge, and I was on my way. Car looks brand new and so far so good. I notice a lot of bad reviews for the Tampa Mercedes place regarding their staff. Even the Foursquare app on my phone had bad reviews for them. I don't know if it's just how they handle their Mercedes customers or perhaps Mercedes customers are more demanding? Either way, all I can say is, that besides the wait, they were polite, helpful and got the job done. We're happy!

Well it's Monday and the guy was there. They took it in and about an hour later it was done and detailed. No charge, and I was on my way. Car looks brand new and so far so good. I notice a lot of bad reviews for the Tampa Mercedes place regarding their staff. Even the Foursquare app on my phone had bad reviews for them. I don't know if it's just how they handle their Mercedes customers or perhaps Mercedes customers are more demanding? Either way, all I can say is, that besides the wait, they were polite, helpful and got the job done. We're happy!